Legal Question in Immigration Law in Illinois

Planning to marry my partner - who is not a citizen - after 3 years of dating, what is the process after we marry to get him legalized? How long? Will he have to leave the country? He has no criminal record.


Asked on 4/20/10, 4:45 pm

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

It depends on how he first entered the country.

You can contact me for a free consultation at http://www.msclaw.com or read over general information on the process of obtaining permanent residence through marriage to a US citizen here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 4/25/10, 4:53 pm
Luba Smal Smal Immigration Law Office

Do you mean a 'partner' as a same-sex partner or an opposit sex partner?

The US federal immigraton law provides only for opposite sex marriages (marriage of a man and a woman).

If he came to USA legally (most of the visas are okay) and overstayed, then after the marriage, you can petition for him and he can apply for adjustment of status (green card) without having to depart the USA.

If he came to USA illegally, then he will have to go abroad and fight subsequent denial of the visa based on inadmissibility grounds. This is, of course, a very generic overview. For a case-specific advice and guidance, you should consult a lawyer off of the public forum.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/25/10, 4:57 pm


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